When do you think it would be needed to hire an expert witness for premises liability case (Trip and Fall)?

Asked almost 3 years ago - New York, NY

What circumstances or situations would a lawyer handling trip and fall to hire an expert witness?

Additional information

Accident occurred at apartment entrance of the duplex.

Attorney answers (7)

  1. Craig A. Post

    Contributor Level 17

    10

    Lawyers agree

    Answered . Whether or not to hire an expert depends on the facts of the case and whether or not part of the proofs is outside the general knowledge of the trier of the facts. In other words, is an expert needed to prove a fact not part of a non-experts general knowledge. The decision when depends on the type of case. It could be part of the initial investigation, once discovery is complete or in preparation for trial. Many times when is governed by court order. As long as your lawyer is not hiring the expert simply to oppose a motion for summary judgment, the timing is a case by case thing.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  2. Robert L. Brenna Jr.

    Pro

    Contributor Level 12

    10

    Lawyers agree

    Answered . The above answer is a good one. However sometimes the accident scene is subject to change, so one factor to consider in the risk/benefit analysis is whether the circumstances need to be preserved. Occasionally you can hire an expert to do a preliminary inspection, take photos, memorialize facts and measurements, at a reasonable inital cost, and then have that person on standby if later need arises.
    Best wishes,
    Bob
    Robert Brenna Jy

    Bob, Robert L. Brenna, Jr. No relationship is intended, agreed upon or accepted by answering this general... more
  3. Richard Edward Noll

    Pro

    Contributor Level 10

    6

    Lawyers agree

    Answered . Your attorney should hire an expert immediately to.document the condition as close in time to the accident as possible.

    Sent from my Verizon Wireless Phone

  4. George K. Mazmanian

    Contributor Level 11

    6

    Lawyers agree

    Answered . I do not practice in NY, but I do have years of experience handling this type of case. Generally speaking, an expert is required when a particular fact or set of facts is not easily understood by the fact finder (judge or jury). Such is the case when scientific evidence is used, evidence of improper build or construction, or to prove medical damages.

    The other most common time an expert is required is to rebut the expert from the defense. If they do not use one, you may not need one either, unless of course, as stated already, there are unusual facts or facts that the fact finder can better understand through the use of an expert.

    Don't forget, they may be necessary, but they are not cheap.

    Krekor Law 800-630-8284. Any answers posted on this site should not be construed as creating an attorney client... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Whenever a person is injured, they should call a personal injury lawyer to investigate the case. Slip and fall cases aren't automatic money. They are usually defended vigorously, and there needs to be some defect or dangerous condition in order to have an actionable case. You can search Avvo for a personal injury lawyer in your city and call for a free consultation.

    Free Consultation:1-877-258-3083. Serving the Nation.
  6. Glenn Jay Holzberg

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . Whenever liability is disputed and there is a basis to prove liability of local or national safety fire or building codes or surfacing issues (slip resistance, etc) an expert makes sense. A lawyer must also consider the cost ($2500+) vs the value of the case. Smaller injury
    Cases don't justify an expert and that is a discussion you should have with your lawyer to determine the feasibility of hiring one.

  7. Ruth Elizabeth Johnson

    Contributor Level 8

    3

    Lawyers agree

    Answered . As previously discussed, this is really determined on a case by case basis.
    Your attorney will weigh all factors in providing you with the proper advice.
    A personal injury lawyer is there to guide you on both the pros and cons of each step of your case.
    Therefore I suggest that you speak to your lawyer and if you do not have one, you may want to consider hiring a firm to represent you.

    This answer does not constitute legal advice. I am admitted to the Florida Bar only and make no attempt to provide... more

Related Topics

Premises liability for personal injuries

Premises liability requires landowners to maintain a reasonably safe property, or risk being liable for injuries.

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

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